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TERMS OF SALES

TERMS OF SALES

PREAMBLE

The “Hemorbal” Seller carries out an electronic commerce activity and offers an online Product sales service on the website www.Hemorbal.com

These general conditions (hereinafter referred to as “Conditions”) are exclusively reserved for consumer and non-professional Purchasers.

 

ARTICLE 1 - DEFINITIONS

The terms used in the Conditions will have the meaning given to them below:

Buyer  : natural person acquiring Products through the Site Order: Buyer's purchase order for one or more Products and accepted by the Seller in application of the Conditions

Cookie : applet sent by a world wide web server to a user, sometimes without the latter's knowledge, during a connection in order to characterize this user. By extension, information that the applet can save on the user's disk and that the server can access later

Email : computerized document that a user enters, sends or consults offline through a network.

Internet  : a global network combining telecommunications resources and server and client computers, intended for the exchange of electronic messages, multimedia information and files. It works by using a common protocol which allows the routing step by step of messages divided into independent packets.

Party (s)  : The Buyer and / or the Seller

Product  : good offered for sale on the Site by the Seller

Site  (Website or Website): website accessible at the address https: // www. Hemorbal.com  on which the Seller offers the Products for sale

Seller  : Company: OUKADIL, Commercial name: www. Hemorbal.com , Legal form: SARL with capital of 15,000 €, Address: Cairo montenotte (sv) 

Via apollo sanguinetti 9, Cap 17014 italia Contact: contact @ h emorbal.com offering the Products for sale through the Site.

ARTICLE 2 - PURPOSE

The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in connection with the sale of Products through the Site.

ARTICLE 3 - SCOPE

The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Site.

An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer and delivery of the Products to be made in mainland France, Corsica and other countries forming part of the European Union.

 

ARTICLE 4 - Product availability and prices

The offers presented by the Seller on the Site are valid for the time of posting on the Site.

If the price of a product changes, we undertake to keep the price in force at the time of the order, insofar as this does not represent a sale at a loss (practice prohibited by the regulations in force)

The prices indicated do not take into account the postage costs, which will be indicated when the basket is displayed and when the order is confirmed.

Information marked in stock means that we have at least one copy of the product concerned in stock.

This information is given for information only and may be subject to error, which will be corrected during the complete inventory of the stock.

Priority of order processing is given first to payment by credit card and PayPal, then to check and bank transfer.

 

ARTICLE 5 - ORDER

The Buyer places his Order through the Site.

All contractual information is presented in French.

This information will be confirmed at the time of delivery at the latest.

The Buyer declares to have read the Conditions prior to placing his Order and recognizes that the validation of his Order implies acceptance of their terms.

The Purchaser further acknowledges that the Conditions are made available to him in a manner allowing their conservation and reproduction, in accordance with article 1369-4 of the Civil Code.

In order to place the Order, the Buyer must provide the Seller with data concerning him and complete an online form accessible from the Site.

The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the checkbox “I accept the General Conditions of Sale” when confirming his Order via the “CONFIRMATION OF YOUR ORDER” screen. .

Until this final step, the Buyer will have the possibility of returning to the previous pages and of correcting and modifying his Order and the information provided previously.

The Purchaser must therefore provide a valid e-mail address when filling in the fields relating to his identity.

In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by email as soon as it becomes aware of this unavailability.

The Seller will then offer the Buyer the possibility of providing him, in exchange for the Product ordered, with a Product of equivalent quality and price.

The Buyer refusing this new offer from the Seller, this unavailability entails the cancellation of the Order and the reimbursement of the Buyer, without delay and at the latest within thirty days, of the price of this order if his bank account has been debited. . The reimbursement will be made by the means of payment used by the customer during his purchase.

Cancellation of the order:  In the event of cancellation of the order after its preparation and before its dispatch, Hemorbal reserves the right to withhold logistics costs of 3.49 €

 

ARTICLE 6 - PAYMENT

The prices of the Products indicated on the pages of the Site correspond to the prices inclusive of all taxes and excluding participation in the costs of logistics preparation and shipping.

The Seller reserves the right to modify the prices of the Products presented on the Site.

However, the Products will be invoiced to the Purchaser on the basis of the prices in force at the time of validation of the Order.

Payment for the Order will be made:

-      By credit card  : via the secure BNP Paribas site. Payment will validate the Order and initiate its processing by the Seller for shipment.

-        By PayPal  : via the secure PayPal site. Payment will validate the Order and initiate its processing by the Seller for shipment.

-        By check  : the Order will be validated upon receipt of the check and will initiate its processing by the Seller with a view to shipping. The Seller reserves the right to send the Order only for the actual and final payment of the check. Or a period of 15 days.

The payment order made by credit card cannot be canceled. Therefore, the payment of the Order by the Purchaser is irrevocable, without prejudice for the Purchaser to exercise his right of withdrawal or subsequent cancellation of the Order.

THE TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE PURCHASER SHALL TAKE PLACE ONLY AT THE TIME OF FULL COLLECTION OF THE PRICE BY THE SELLER.

ARTICLE 7 - DELIVERY

7.1 Modalities

The Product will be delivered to the contact details indicated by the Purchaser in the form completed during the Order. The package will be delivered to the address indicated during the ordering process by the Customer. During delivery, if the Customer is absent, the delivery person will leave a calling card which will be deposited directly in his letterbox.

Hemorbal undertakes to prepare and deliver the Product (s) ordered by the Customer within a maximum period of thirty days from the receipt by the Customer of the Order confirmation.

Delivery times visible to the Customer when placing an order are calculated in working days. Orders confirmed and paid before 2 p.m., for items reported in stock, will be processed and shipped within 1 to 3 working days.

The times indicated represent the average order processing times (processing, preparation and shipping), you must add to this the average delivery processing times of the carrier as indicated in article 7.2 of the GTC.

All orders with items in stock are on average shipped within 1 to 2 working days (depending on the time of the order and the time of the carrier's passage)

It should be noted that our company being based in Italy, we are subject to the postal holidays respected in the country.

 

On these dates, delays in taking charge of packages may be possible.

7.2 - Delivery times:  Following the order confirmation, the package is prepared and enters the postal circuit. The package is shipped to the address indicated by the Customer and its delivery will depend on the choice of delivery method, from which the time will result.

The different delivery methods available:

LETTRES SUIVIES FRANCE:  indicative average time announced by the service provider: 3 to 5 working days for mainland France

COLISSIMO:  average time announced by the service provider: 2 - 3 working days for mainland France 

CHRONOPOST:  average time announced by the service provider: 1 - 2 working days for mainland France 

EUROPE TRACKED LETTERS:  average time announced by the service provider: 3 to 6 working days for Europe

 

7.3 Delivery delays and loss:  In the event of a delay or loss of the package attributable to a third party service provider, such as DHL, La Poste, UPS, Chronopost, the customer can notify Hemorbal . A period of 30 days from the filing of the complaint with the departments concerned will be necessary before any decision (refund, return of new products or cancellation of the order). If the customer wishes to receive other products in the meantime, a new order must be paid in full. This will be fully refunded the day the lost package is returned to Hemorbal headquarters . 

As delivery is made by a third-party service provider, in the event of delivery delays, Hemorbal cannot make a firm commitment to the delivery time. When a delay in delivery is noted, the Customer can inform Hemorbal , who undertakes to contact the service provider to check the status of the order.   

In any case, the delay in delivery of a package may not be compensated by Herbal .

The LETTRE SUIVIE FRANCE and INTERNATIONAL service  does not include any insurance and reimbursement in the event of loss or delay and the delivery time cannot be guaranteed.

The CHRONOPOST service  is a rapid delivery service which provides for firm rules. In the event of a delay in the package, the Customer must be reactive and notify Hemorbal within  24 hours of the delivery delay, in order to allow time to put together a complaint file and submit it to the CHRONOPOST service. Beyond this period, CHRONOPOST will not accept any type of complaint and Hemorbal cannot be held responsible for any delay or loss of the package.   

Following a Customer's complaint, below you can find the type of action generally taken by  Hemorbal , after receiving the service provider's feedback:

  • "Lost package" : new shipment to the Customer, taken care of by Hemorbal (except Letter Followed service)  
  • "Package delivered"  : no support from Hemorbal
  • “Parcel being re-routed”  “Parcel returned to the sender” :  Hemorbal will wait for the return of the parcel to analyze the reasons for non-delivery and determine the procedure to be followed.  

 

ARTICLE 8 - CANCELLATION - WITHDRAWAL - REFUND - Exchange

8.1 The Purchaser has the option of canceling the Order as soon as it is concluded only before its dispatch by our services for a refund before dispatch, otherwise the customer has upon receipt of the product a legal period of 14 days to Contact us.

In addition, from the receipt of the Product by the Purchaser, the latter has a withdrawal period of 60 days, allowing him, without having to justify specific reasons, to return the delivered Product by paying return costs at his expense.

  The postage costs of sending (6 to 9 euros, depending on purchase) and return will be borne by the Buyer.

If the Buyer makes use of this right of withdrawal within 14 clear days from receipt of the Product, the Seller undertakes to reimburse the Buyer without delay and at the latest within thirty days following the date on which this right has been exercised (excluding 7.49 € euros for delivery costs and file management).

To exercise these rights of cancellation of the Order and withdrawal, the Purchaser must send an email to the following address: "contact @ hemorbal.com  "  This email must explicitly mention the reference of the Order.

 

A confirmation acknowledging receipt of this return request will be sent to him by email along with a return procedure detailing the information in Articles 8.2 and 8.3 and 8.4 of the general conditions of sale.

8.2 Products returned for a refund must be in perfect working order and physical appearance (the product must not be damaged, scratched, broken or have missing parts or marks of installations) if these conditions are not met. , we reserve the right not to honor the refund.

8.3 Exchange requests are authorized for 14 days following the date of purchase. We advise customers to contact us to find out which product is compatible with their installations in order to proceed with a functional exchange.

8.4 Products returned for an exchange must be in perfect working order and physical appearance (the product must not be damaged, scratched, broken or have missing parts or marks of installations) if these conditions are not met. , we reserve the right not to honor the exchange. Charges may apply in the event of price difference or exchange management fees.

The costs are expressed in euros and are detailed as follows:

Amount of new products X their quantities + fixed shipping costs depending on the type of shipment (France or international) to this we deduct the costs already paid by the customer during his original order. The amount indicated in the procedure is therefore the total remainder of the costs due in order to proceed with the exchange.

Ex: 26.00 x 2 + 7.49 € minus 32 € already paid previously = 27.49 €

The shipping costs offered for the purchase of two products, only work for the first purchase and will not be applied for exchanges.

 

Any return that does not comply with the withdrawal conditions detailed previously, will be charged a fee of 10 Euros for processing fees.

ARTICLE 9 - Processing of postal returns

Postal returns in the event of Guarantee, After-Sales Service, Reimbursement and exchanges are processed within a maximum of 3 working days except in the event of return of the product to the supplier in which case the supplier after-sales service deadlines will be indicated in the email.

In the event of a postal return for lack of address, the customer will be contacted in order to obtain a valid delivery address and must, if he wishes a return, pay the sum of 7.49 € for the return costs. If the customer does not want the products to be returned and he wishes a refund, this will take place in accordance with the GTC in the refund section.

The customer will be contacted by email as soon as their return is processed, then a second time within 14 days of this first contact by email and sms.

In the event of no response from the customer within 30 days of sending the first email and the reminder concerning the postal return, the product will then be destroyed or put back into stock according to its physical condition and the customer will no longer be able to claim a refund or resend this order.

ARTICLE 10 - GUARANTEE and after-sales service

Hemorbal   guarantees product defect in the terms defined below. In the event that the customer notices a defect in the product, he has 15 days from his purchase to return it to  Hemorbal . Any warranty return request must be accompanied by the form provided for this purpose.

If Hemorbal's after-sales service authorizes the return under warranty, the customer receives an authorization from customer service and must send at his own expense to  Hemorbal  the product accompanied by a copy of the invoice delivered with the order and which takes the place of warranty. . For the warranty to be valid, the product must have been used under normal operating conditions.  

The batteries provided in the products are test batteries whose longevity is variable and are not deemed to be new, so we will not provide any compensation for these and consumables are not guaranteed.

If the returned product is no longer produced, then we will send an equivalent or replacement product to customers.

If the wish expressed by the Purchaser cannot be fulfilled within one month of his complaint, or if this repair or replacement is impossible, the Purchaser will have the option of either returning the Product and then having it returned the price of this Product if payment has already taken place, or to keep the Product and only to be reimbursed for part of the price.

In addition, without prejudice to his aforementioned rights of withdrawal, cancellation and guarantee of conformity, the Purchaser benefits on the Product from the guarantee against hidden defects as provided for in articles 1641 to 1649 of the Civil Code.

These guarantees take place at no cost to the Purchaser. Return postage costs will be borne by the Buyer.

ARTICLE 11 - LIABILITY

The Seller is fully responsible towards the Buyer for the proper execution of the Order.

However, the Seller cannot be held liable if he provides proof of the non-performance or improper performance of the obligations attributable to the Buyer, due to the unforeseeable and insurmountable fact of a third party outside the provision of the services provided for in the Conditions, or a case of force majeure.

The Seller cannot be held liable for damages resulting from a fault on the part of the Buyer in the context of the use of the Products.

ARTICLE 12 - INTELLECTUAL PROPERTY

All the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the Seller.

The Buyer agrees not to infringe the intellectual property rights relating to these elements and in particular to reproduce, represent, modify, adapt, translate, extract and / or reuse a qualitatively or quantitatively substantial part, to the exclusion of acts necessary for their normal and compliant use.

ARTICLE 13 - PERSONAL DATA

The Buyer is informed that, during his navigation and in the context of the Order, personal data concerning him are collected and processed by the Seller as data controller, in particular through the online form intended for to order.

The Buyer is informed that the Order cannot be placed if this form is not correctly completed. This form contains an indication of the optional or compulsory nature of the fields to be completed.

The recipients of this data thus collected will be the Seller. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés in application of the law n ° 78-17 of January 6, 1978.

This data is used for the processing of the Order as well as to improve and personalize the services offered by the Seller.

They are not intended to be passed on to third parties.

The Buyer is informed that the Seller wishes to install a Cookie in his computer in order to record information relating to the Buyer's browsing on the Site as well as the information provided by the Buyer through the online form, information intended to be kept in this way until the Cookies are deleted by the Purchaser

The purpose of installing a Cookie is to record this information so that it can be read during the Buyer's next visits to the Site and thus prevent the Buyer from completing the form offered to each of them. these visit.

However, the Buyer has the right to oppose the registration of Cookies on his computer and must then proceed as follows:

 For Mozilla Firefox : Choose the “tool” menu then “Options” Click on the “privacy” icon Locate the “cookie” menu and select the appropriate options

 For Microsoft Internet Explorer 6.00 and above : choose the “Tools” (or “Tools”) menu, then “Internet Options” (or “Internet Options”). Click on the “Confidentiality” tab (or “Confidentiality”) select the desired level using the cursor.

 For Microsoft Internet Explorer 5 : choose the “Tools” (or “Tools”) menu, then “Internet Options” (or “Internet Options”). Click on the “Confidentiality” tab Customize the level using the cursor

 For Netscape 6.X and 7. X : choose the “Edit” menu - “Preferences” Confidentiality and Security Cookies

-  For Opera 6.0 and above : choose the “File” menu - “Preferences” Privacy

The Buyer has the right to object, for legitimate reasons, to the processing of personal data concerning him.

He has the right to oppose, free of charge, the data concerning him being used for prospecting purposes, in particular commercial, by the Seller or by the person responsible for subsequent processing.

The Buyer, if he can prove his identity, has the right to question the Seller in order to obtain confirmation that personal data concerning him are or are not the subject of this processing, information relating to the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, if applicable, information relating to the transfers of personal data envisaged to a non-member state of the European Community, the communication, in an accessible form, of the personal data which concern him as well as any available information as to the origin of these,information making it possible to know and contest the logic underlying the automated processing in the event of a decision taken on the basis of it and producing legal effects with regard to the interested party.

The Purchaser is informed that a copy of the personal data can be delivered to him at his request.

The Buyer, if he can prove his identity, also has the right to require the Seller to rectify, complete, update, block or delete personal data concerning him, which is inaccurate, incomplete, ambiguous, expired, or whose collection, use, disclosure or retention is prohibited.

In order to exercise this right, the Buyer will send an email to the Seller in his capacity as data controller, at the following address: contact @ Hemorbal.com .

When the Buyer requests it, the Seller must justify, at no cost to the Buyer, that he has carried out the required operations.

The Buyer is informed that in the event of a dispute, the burden of proof is on the Seller, except when it is established that the disputed data have been communicated by the Buyer or with his agreement.

He is also informed that, when he obtains a modification of the registration, the Purchaser is entitled to obtain reimbursement of the costs corresponding to the cost of the aforementioned copy.

ARTICLE 14 - AGREEMENT ON EVIDENCE

It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, on condition that technical security measures intended to guarantee the confidentiality of the data exchanged are put in place.

The two Parties agree that the E-mails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of Orders.

ARTICLE 15 - PARTIAL INVALIDITY

If one or more of the stipulations of the Conditions were deemed illegal or void, this nullity would not result in the nullity of the other provisions of these Conditions, unless these provisions were inseparable from the invalidated stipulation.

ARTICLE 16 - APPLICABLE LAW

The Conditions are governed by Monegasque law.

ARTICLE 17 - ATTRIBUTION OF JURISDICTION

The Parties agree that in the event of a dispute that may arise concerning the execution or interpretation of the Conditions, they will endeavor to find an amicable solution.

In the event of failure of this attempt to resolve the dispute amicably, it will be brought before the competent Courts.

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